AGREEMENTAgreement • May 22nd, 2009 • Icahn Enterprises L.P. • Investors, nec • New York
The preceding paragraph of this Section 17(i) shall not be applicable if the employment of Employee ceases as the result of Employee’s written resignation (a “Permitted Resignation”) delivered by hand to Carl C. Icahn within 10 business days following an Uncured Employer Breach. An “Uncured Employer Breach” shall mean and be limited to, the failure of any of Employer to make any allocation, distribution or payment expressly required to be made under the terms of this Agreement or any amendment hereto, if such failure continues for 15 business days following written notice detailing the amount and circumstances of such failure given personally by hand by the Employee to Carl C. Icahn, provided that if such failure is the result of a good faith dispute with respect to such allocation, distribution or payment then such failure shall not constitute or be deemed to constitute an “Uncured Employer Breach”, in which event the first paragraph of this Section 17(i) shall continue to be applicab
